Prior to taking any action on any application before it, the Zoning Board of Appeals shall advertise a public hearing in a newspaper of general circulation within the Town at least five days prior to the date of the hearing.

In addition, the applicant shall send a copy of the notice of public hearing by certified mail, return receipt requested, to the owners of all property within 300 feet of the property which is the subject of the variance application or zoning interpretation as the names and addresses of said owners appear on the latest assessment roll of the Town. Such notice shall be mailed at least five days prior to the hearing. Proof of such mailings and receipts for same shall be filed with the Zoning Board prior to, or at the time of, said hearing.

Vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or structural changes in equipment or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

Any variance granted by the Board of Appeals pursuant to the provisions of this section shall be construed to be a nonconforming use or building.

Every variance granted by the Board of Appeals shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing in the manner provided by law, to the effect that the exceptional circumstances of the particular case are such as to constitute practical difficulties or unnecessary hardships in the way of carrying out the strict application of the regulations of this chapter. Notice of such public hearing shall be given as provided by law.

Every variance granted by the Board of Appeals shall be designed by the Board to safeguard the public health, safety, morals and general welfare and shall be further designed to provide reasonable consideration, among other things, to the character of the neighborhood or district, the conservation of property values and the direction of building development in accordance with a comprehensive plan and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this chapter.

Every variance granted by the Board of Appeals shall, in appropriate cases, be made subject to such conditions and safeguards as the said Board shall deem to be applicable to the particular case.

Grant a permit, in appropriate cases, where a lot of the appellant, as such lot existed at the time of the effective date of this chapter, lies across the boundary of two districts, for the extension into the more restricted district of a lawful conforming use permitted in the less restricted district, but for a distance not exceeding 50 feet measured at right angles to such district boundary.

Grant a permit for the enlargement or extension of a nonconforming use or building on the lot occupied by such use or building at the effective date of this chapter, provided that such enlargement or extension was arranged, intended or designed for such nonconforming use at the effective date of this chapter and further provided that such enlargement or extension shall not exceed in all 75% of the fair market value of such use or existing building at the effective date of this chapter.

Grant a permit for the reconstruction, structural alteration, restoration or repair of a building or structure used for a nonconforming use, to an extent exceeding in aggregate cost 75% of the fair market value of each such building or structure.

Grant a certificate of occupancy for a change in a nonconforming use, provided that the Board shall have made a determination that such change will be beneficial to the general neighborhood and further provided that such change be made subject to such reasonable conditions and safeguards as the Board may stipulate.

Grant variances to exempt a building, in whole or part, from the front yard requirement of the district in which such building is situated, in cases where such building is adjacent to an existing building or buildings which have nonconforming front yards; provided, however, that such buildings shall not be permitted to have a front yard of a depth less than that of the average of the two immediately adjoining buildings or than that of the only adjoining building when only one exists.

Grant a variance modifying the side yard requirements on the side street frontage of a corner lot, in cases where such requirements would unduly reduce the buildable width of such corner lot.

Grant a variance modifying the yard requirements of a nonconforming lot beyond the automatic modifications provided under the terms of § 57-39A and B.

Waive the requirements of § 57-49 for accessory parking areas, in whole or in part, in a case involving lack of need for such parking areas, where the lot is within 500 feet of a municipal parking area owned or operated by the Town, measured in a straight line between the nearest point of such parking area and the nearest point of such lot.

Waive the requirements of § 57-49 for accessory parking areas, in whole or in part, after making a finding that the normal application of such requirements is infeasible because:

Permit a reduction in the number of parking spaces in accessory garages or parking areas originally provided and installed pursuant to the requirements of § 57-48 or 57-49 in cases where proof is furnished to the Board that by reason of diminution in number of dwelling units or residents or in floor area, which are factors determining the demand for parking spaces, the proposed reduction will be consistent with the requirements of said §§ 57-48 and 57-49.

Grant a temporary building permit for a period not to exceed one year for a nonconforming building, structure or use incidental to a building or other construction project, including such uses as the storage of building supplies and machinery and a real estate office located on a tract of land where individual properties are being offered for sale, provided that such temporary permit shall be issued only upon written agreement by the owner or his agent to remove such building or structure upon expiration of such permit and further provided that such permit shall be subject to such reasonable conditions as the Board shall determine to be necessary to protect the public health, safety and general welfare. Such permit may be renewed annually, at the discretion of the Board, over a period not to exceed three years.

Any area or use variance granted by the Zoning Board of Appeals, or any variance granted under Subsection C(2), (3), (6) or (7), shall be deemed expired if the physical improvements associated with that variance are not completed by the recipient of the variance, and a certificate of occupancy or certificate of completion issued by the appropriate Town official, within two years of the filing of the variance with the Town Clerk, unless a longer period is specified in the decision of the Zoning Board of Appeals. Nothing shall preclude the applicant who receives a variance from seeking a rehearing on the decision granted to seek an extended period of time to complete the improvements and receive the certificate of occupancy or certificate of completion for the improvement which is enabled in part or in all by the variance which was granted.